Current through Register Vol. 54, No. 44, November 2, 2024
Section 127.449 - De minimis emission increases(a) The Department may allow, as a condition of an operating permit, de minimis emission increases from a new or existing source up to the amounts authorized in this section.(b) A de minimis increase may not occur at a facility if it would do one or more of the following: (1) Increase the emissions of a pollutant regulated under section 112 of the Clean Air Act (42 U.S.C.A. § 7412) except as authorized in subsection (d)(4) and (5).(2) Subject the facility to the permit requirements of Subchapters D and E (relating to prevention of significant deterioration of air quality; and new source review).(3) Violate an applicable requirement of the act, the Clean Air Act or the regulations promulgated under the act or the Clean Air Act.(c) The permittee shall provide the Department with 7 days prior written notice of any de minimis emission increase. The notice shall identify and describe the pollutants that will be emitted as a result of the de minimis emissions increase and provide emission rates in tons/year and in terms necessary to establish compliance consistent with any applicable requirement. The Department may disapprove or condition the de minimis emission increase at any time.(d) Except as provided in subsection (e), the maximum de minimis emission rate increases, as measured in tons/year, that may be authorized in the permit during the term of the permit are one or more of the following:(1) Four tons of carbon monoxide from a single source during the term of the permit and 20 tons of carbon monoxide at the facility during the term of the permit.(2) One ton of the NOx from a single source during the term of the permit and 5 tons of NOx at the facility during the term of the permit.(3) One and six-tenths tons of the oxides of sulfur from a single source during the term of the permit and 8.0 tons of the oxides of sulfur at the facility during the term of the permit.(4) Six-tenths of a ton of PM10 from a single source during the term of the permit and 3.0 tons of PM10 at the facility during the term of the permit. This shall include emissions of a pollutant regulated under section 112 of the Clean Air Act unless precluded by the Clean Air Act, the regulations thereunder or this title.(5) One ton of VOCs from a single source during the term of the permit and 5 tons of VOCs at the facility during the term of the permit. This shall include emissions of a pollutant regulated under section 112 of the Clean Air Act unless precluded by the Clean Air Act, the regulations thereunder or this title.(e) The Department may allow, as a condition of an operating permit, installation of the following minor sources:(1) Air conditioning or ventilation systems not designed to remove pollutants generated by or released from other sources.(2) Combustion units rated at 2,500,000 or less Btu per hour of heat input.(3) Combustion units with a rated capacity of less than 10,000,000 Btu per hour of heat input fueled by natural gas supplied by a public utility or by commercial fuel oils which are No. 2 or lighter, viscosity less than or equal to 5.82 c St, and which meet the sulfur content requirements of § 123.22 (relating to combustion units). Combustion units converting to fuel oils which are No. 3 or heavier, viscosity greater than 5.82 c St, or contain sulfur in excess of the requirements of § 123.22 require an operating permit. For the purpose of this section, commercial fuel oil shall be virgin oil which has no reprocessed, recycled or waste material added.(4) Space heaters which heat by direct heat transfer.(5) Laboratory equipment used exclusively for chemical or physical analyses.(f) Unless precluded by the Clean Air Act or the regulations thereunder, the permit shield described in § 127.516 (relating to permit shield) shall extend to changes made under this section.(g) Emissions authorized under this section shall be included in the monitoring, recordkeeping and reporting requirements of the source.(h) De minimis emission threshold levels cannot be met by offsetting emission increases or the emission decreases at the same source.(i) The Department will maintain a list of de minimis increases authorized by this section in the permit file for the facility and shall publish a list of the de minimis increases in the Pennsylvania Bulletin within 60 days of the receipt of notice for the source. This section cited in 25 Pa. Code § 127.3 (relating to operational flexibility); and 25 Pa. Code § 127.14 (relating to exemptions).